General Assembly Re-institutes Pandemic Eviction Restrictions

General Assembly Re-institutes Pandemic Eviction Restrictions
By Tommy Herbert

 

On Monday, August 9, the Virginia General Assembly finalized a budget plan that will both spend, and in some cases save, the 4.3-billion-dollar federal aid package that has resulted from the American Rescue Plan. It includes provisions related to college athletes’ ability to be paid, a bonus for law enforcement, as well as a requirement that DMV resume walk-in services at their counters within 60 days. The budget also unfortunately included a step backwards in Virginia’s housing policy response to the COVID-19 pandemic.

 

There was very little discussion at all over amendments to the budget, as the House of Delegates made clear before they ever gaveled in that they were not going to be accepting any changes to the plan that Governor Northam sent down; a plan which included a return to the process for evictions that was imposed with last year’s amended budget. In the end, a very limited set of amendments that were insisted upon in the Senate were agreed to by the House.

 

VAMA’s legislative team worked hard to educate lawmakers on the unintended consequences of the process, which requires that housing providers either apply for rent relief on behalf of their residents or cooperate with their application before filing an unlawful detainer, in addition to the Virginia Code requirements that payment plans be offered pre-filing as well. Unfortunately, though we did find some understanding in the Senate, we were not able to get the substantive changes that could have improved the policy. These two policies now will be in effect until July 1, 2022. You can read the language itself here, starting on line 931.

 

We know from internal surveys that roughly 96 percent of housing providers already say that they are willing to continue to use relief to keep people in their homes. Indeed, we brought that fact directly to lawmakers when we addressed Senator Tim Kaine and the Virginia Housing Commission, which includes many of the legislators who voted on this budget. We also know that by far the most common unsuccessful scenario that housing providers face in trying to comply with these provisions is the resident who refuses to respond to their repeated outreach and attempts to apply for rent relief. VAMA’s amendments would have addressed this specific and not-uncommon scenario without undermining the intent of keeping those who have been affected and need relief housing stable. Unfortunately, lawmakers could not be swayed.

 

This means, in general, going back to the way of doing things that has been in effect for basically the last year. VAMA is making changes to our 14-day notice so that members are in compliance, which we will be communicating to members ASAP once final.

 

Fortunately, there are nearly 700 million dollars still left in the Virginia Rent Relief Program, and they have been processing payments on a much-improved timeline compared to when the RRP was first instituted. VAMA has produced a helpful video that walks housing providers through the registration on the Virginia Housing website for the RRP, and we stand ready to help answer any questions or address any concerns from members that might arise.

 

If you do experience challenges, or have questions on how to apply, please reach out to Tommy Herbert at tommy@vamaonline.org or at (804) 761-3235.